Mr. Rebates

Saturday, October 16, 2010

Why Is It Women Who File For Divorce? PPT

 The author is a PhD in Sociology and has done an Empirical study, here is a good PPT. Well worth a look.

Who initiates the divorce more often, the wife or the husband?

 You can thank the Biased Divorce laws and Feminazi's for this squeed statistics on Divorce and why Females initiate divorce more frequently then Men. 
When was the last time a Man got Maintenance, and got to stay in his own home while the women was asked to leave?

One might think that 50 percent of the time, a divorce action is filed by the husband, and the other 50 percent of the time it’s the wife who begins the proceedings — or that maybe there’s a small percentage to subtract for the divorces that are somehow filed jointly by spouses who agree that they should part.

It also seems plausible that since the wife’s standard of living often declines after a divorce, women would be less likely to file a divorce action. Conversely, because men more often engage in adultery, it may seem that wives would be more likely to seek a divorce based on their husbands’ conduct.

The reporting of divorce statistics isn’t as complete as, say, the census data collected in the U.S. every ten years. However, several sources have arrived at pretty much the same answer to the question, “who initiates a divorce more often, men or women?”

Two-Thirds of the Time

It’s the wife who files for divorce in about two-thirds of divorce cases, at least among couples who have children. According to the National Center for Health Statistics, the proportion has changed slightly over the years; for example, in 1975, approximately 72 percent of the divorces in the U.S. were filed by women, whereas by 1988, only about 65 percent were filed by women.

The Same throughout the 19th Century

A study reported in the American Law and Economics Review in 2000, "These Boots Are Made for Walking: Why Most Divorce Filers are Women" also showed that more recently, women file more than two-thirds of divorce cases in the US. Even though the individual states’ data vary somewhat and the numbers have fluctuated over time, throughout most of the 19th century about 60 percent of divorce filings were by women.

Moreover, in some of the states where no-fault divorce was introduced, over 70 percent of the divorce filings were by women. Among college-educated couples, the percentage of divorces initiated by wives is a whopping 90 percent.

Divorce Rates Around the World

Check out the percentages of marriages that end up in divorce from countries around the world
A surprising 1st place goes to Sweden (unfortunately followed by good old Uncle Sam), while an even more surprising last place can be awarded with honor to the 1.2 billion people of India.
Which brings me to the following question: Hey India, WHAT’S YOUR SECRET???

Rank Country Percent
1 Flag of India India 1.1
2 Flag of Sri Lanka Sri Lanka 1.5
3 Flag of Japan Japan 1.9
4 Flag of Republic of Macedonia Republic of Macedonia 5.0
5 Flag of Bosnia and Herzegovina Bosnia and Herzegovina 5.0
6 Flag of Turkey Turkey 6.0
7 Flag of Armenia Armenia 6.0
8 Flag of Georgia (country) Georgia 6.6
9 Flag of Italy Italy 10.0
10 Flag of Azerbaijan Azerbaijan 10.3
11 Flag of Albania Albania 10.9
12 Flag of Israel Israel 14.8
13 Flag of Spain Spain 15.2
14 Flag of Croatia Croatia 15.5
15 Flag of Greece Greece 15.7
16 Flag of Singapore Singapore 17.2
17 Flag of Poland Poland 17.2
18 Flag of Romania Romania 19.1
19 Flag of Slovenia Slovenia 20.7
20 Flag of Bulgaria Bulgaria 21.1
21 Flag of Switzerland Switzerland 25.5
22 Flag of Portugal Portugal 26.2
23 Flag of Slovakia Slovakia 26.9
24 Flag of Moldova Moldova 28.1
25 Flag of Latvia Latvia 34.4
26 Flag of Canada Canada 37.0
27 Flag of Hungary Hungary 37.5
28 Flag of Netherlands Netherlands 38.3
29 Flag of France France 38.3
30 Flag of Lithuania Lithuania 38.9
31 Flag of Germany Germany 39.4
32 Flag of Iceland Iceland 39.5
33 Flag of Ukraine Ukraine 40.0
34 Flag of Norway Norway 40.4
35 Flag of United Kingdom United Kingdom 42.6
36 Flag of Russia Russia 43.3
37 Flag of Czech Republic Czech Republic 43.3
38 Flag of Austria Austria 43.4
39 Flag of Belgium Belgium 44.0
40 Flag of Denmark Denmark 44.5
41 Flag of Estonia Estonia 46.7
42 Flag of Luxembourg Luxembourg 47.4
43 Flag of Finland Finland 51.2
44 Flag of Belarus Belarus 52.9
45 Flag of United States United States 54.8
46 Flag of Sweden Sweden 54.9

People Statistics > Divorce rate (most recent) by country

VIEW DATA:   Totals  
Definition     Source      Printable version   
    Bar Graph   Map   Correlations  

Showing latest available data.
Rank   Countries  Amount 
# 1   United States: 4.95 per 1,000 people 
# 2   Puerto Rico: 4.47 per 1,000 people 
# 3   Russia: 3.36 per 1,000 people 
# 4   United Kingdom: 3.08 per 1,000 people 
# 5   Denmark: 2.81 per 1,000 people 
# 6   New Zealand: 2.63 per 1,000 people 
# 7   Australia: 2.52 per 1,000 people 
# 8   Canada: 2.46 per 1,000 people 
# 9   Finland: 1.85 per 1,000 people 
# 10   Barbados: 1.21 per 1,000 people 
# 11   Guadeloupe: 1.18 per 1,000 people 
# 12   Qatar: 0.97 per 1,000 people 
# 13   Portugal: 0.88 per 1,000 people 
# 14   Albania: 0.83 per 1,000 people 
# 15   Tunisia: 0.82 per 1,000 people 
# 16   Singapore: 0.8 per 1,000 people 
# 17   China: 0.79 per 1,000 people 
# 18   Greece: 0.76 per 1,000 people 
# 19   Brunei: 0.72 per 1,000 people 
# 20   Panama: 0.68 per 1,000 people 
# 21   Syria: 0.65 per 1,000 people 
# 22   Thailand: 0.58 per 1,000 people 
# 23   Mauritius: 0.47 per 1,000 people 
# 24   Ecuador: 0.42 per 1,000 people 
# 25   El Salvador: 0.41 per 1,000 people 
# 26   Cyprus: 0.39 per 1,000 people 
= 27   Chile: 0.38 per 1,000 people 
= 27   Jamaica: 0.38 per 1,000 people 
= 29   Mongolia: 0.37 per 1,000 people 
= 29   Turkey: 0.37 per 1,000 people 
# 31   Mexico: 0.33 per 1,000 people 
# 32   Italy: 0.27 per 1,000 people 
# 33   Brazil: 0.26 per 1,000 people 
# 34   Sri Lanka: 0.15 per 1,000 people 
Weighted average: 1.3 per 1,000 people  

World Divorce Rates and Trends

Divorce is rising all around the world. There are, however, some places where it is still fairly rare. Generally divorce has become more acceptable but there are trends as to which countries it is more common in. Some geographical areas seem to have higher divorce rates than others while different lifestyles seem to have their impact as well.

India and Sri Lanka are the two countries that have the lowest divorce rates, around one and one and a half per cent respectively. In this part of Asia divorce is still very rare, although it is more common in South East Asia. In India, for example, arranged marriage is still fairly prominent although not as common as it once was. Divorce is not deemed as acceptable as it is in other cultures and therefore many either make a concerted effort to work through relationship problem or remain in unhappy marriages. This is much less common in parts of Europe and North America. There are two ways of looking at this. It might be considered a positive that people do not get divorced as soon as any problems occur in a marriage, something that is considered by many to be a negative of the American family law system, where it can be very easy to obtain a divorce should you wish to. However it could also be considered a negative if people remain in unhappy marriages just because they feel that it is wrong to divorce.

No European countries have anywhere near the same low divorce rates. The lowest divorce rates in Europe are Macedonia and Bosnia with five per cent, nearly five times more than India. Much of the rest of Europe have much higher rates than this. There is a similar trend in North America. Sweden and the United States have the highest divorce rates, both with nearly fifty-five per cent of marriages ending this way. Northern Europe, especially Scandinavia, have particularly high rates. As mentioned above Sweden has the worlds highest, with Finland, Denmark and Norway all at over forty per cent. Other European countries such a Luxembourg, Belgium, Russia, the United Kingdom, Germany and France also have a high rate of divorce.
Although many of the statistics in Europe are high the Mediterranean countries do not follow this trend, with Italy, Spain and Greece having less divorces than most of the continent. This could be due to their lifestyles. Much of their culture revolves around the family, with large families often spending a large amount of time together. Due the importance put of family values, divorce may not seem as much of an option to those in these countries.

Possible Reasons for More Divorce

Over the last few decades divorce has increased throughout most of the world. There are a number of reasons that people have attribute towards these rising statistics. Here are some of the reasons that have been blamed for the higher divorce rates.

Divorce is something that is now accepted by most of society. People do not think negatively of someone who has been through a divorce. At one time it was considered a slur on someone's character, while today people realise there are reasons why relationships sometimes do not work out. The changing attitude of society has meant that people aren't afraid of the social consequences of divorce in the way that they might have been previously.

The legal processes that have to be gone through are much simpler that they once were. Although it can still be lengthy, costly and stressful processes, it is easier to get divorced now. There is much more information available and much more assistance at hand throughout family law proceedings.

Whereas there used to be very much defined roles for women and men in a relationship, women in particular, are much more independent these days. There is no one way for a marriage to work, with men working and women staying at home. Each individual within a marriage may have their own wants and needs. This can cause conflict between the couple. If their marriage doesn't suit the lifestyle someone wants to live then it could lead to them seeking a divorce.

With less people actively religion nowadays some have blamed a lack of religious beliefs for increasing divorce rates. Marriage is an important part of religion, with divorce generally frowned upon. It could be argued that religion keeps some couples together when they might otherwise consider a divorce. Some might argue this is a positive while others might disagree.

Many people have a romantic view marriage. It could therefore be argued that expectations can be too high, with people expecting everything to be perfect. This can be a negative approach as it means that small problems within a marriage can be exaggerated, and some may give up at the first sign of issues within the marriage.

It is possible some rush into marriage, without considering if it is what they really want or without knowing the other person well enough. The increasing number of unplanned pregnancies could be partly attributed to this. This may lead a couple to rush into marriage because they feel that they should, and later divorce because it doesn't work out.

There are numerous reasons why people might get divorced. All marriages face different challenges and deal with them in different ways. Some couples are able to work through these difficulties while others are not and their relationship ends in divorce. There is no simple answer to why there are higher divorce rates, and it can be a combination of many issues. Some believe that divorce is wrong, while other believe that in certain circumstances it is completely acceptable, and even the best solution.

Why Do Couples With Daughters Divorce More Than Couples With Sons?

Recently published statistics have shown that more couple's divorce if they have girls than if they have boys. Parents with one girl are 5% more likely to divorce than parents with one boy, while parents with three girls are 10% more likely to divorce than parents with three boys. Less divorced women remarry if they have girls and if they do they are more likely to divorce for a second time. There are also statistics to suggest that unmarried couples expecting a boy are more likely to get married than those expecting a girl. It is possible that these are just coincidences with only a 5% difference (with one child), but let's explore some of the possible reasons that have been suggested for this.

REASON: Boys need a male role model more than girls do.

It is possible that parents may take this into consideration and fight for their marriage. Father's may be less reluctant to leave if they feel this would have a negative impact on their son's, while Mother's might believe that a male role model remaining in the home is more crucial. Everyone needs role models and it could be argued that boys are more likely to look up to men and therefore use them as an example. A male role model within the home is only a good thing though, if it is a positive role model.

 REASON: Men prefer to have sons.

Do men prefer to have sons over daughters? They are more likely to have certain things in common with boys, while women are more likely to have things in common with girls. For example Fathers may have dreams of playing sport will their sons. This could make men more likely to stay in their marriage, while women might be less reluctant to fight for a struggling marriage if they have more common interests with their daughter than with their husband.

REASON: A negative male influence can be bad for girls.

Some have suggested that if a Father is a negative influence then Mothers are more likely to worry about their daughters witnessing this. The most extreme cases with be those of abuse, either towards a man's wife or children. Where this is the case she may want to remove her daughter from this environment for her own safety. Women may also be keen to be a positive influence on their daughters by showing that women shouldn't have to stand for this kind of behaviour.

REASON: Women have a better understanding of girls.

Having experienced growing up as a girl themselves, women are more likely to understand what girls go through than men. This could mean they don't think the Father figure is as important as a Mother figure, and therefore she doesn't need a man to help her bring up her daughter.

REASON: Girls are easier to bring up.

There are arguments for both girls and boys being easier to being up (see boys below). If a Mother feels that it is easier to bring up girls she might be less willing to fight for her marriage, while if she thinks it would be harder to bring up a boy she might be more willing to attempt to keep the marriage going if she has a son.

REASON: Boys are easier to bring up.

Some who believe that boys are easier to bring up may think that a marriage is more likely to last if a couple has a boy. Is it possible that girls can put more strain on a relationship?

REASON: Girls offer Mothers more emotional support.

Some Mothers have a strong emotional relationship with their daughters. They may therefore believe they no longer need a man for emotional support. They might come to the opinion that even if they divorce they will always have the support of their daughters.

Many of these are generalisation, and things will be different in every family situation. Something that is true for some families may have no influence on others. It could be argued that both boys and girls are better off in the perfect world if they have positive male and female role models; that one will show them how they should behave while the other will mean they respect the opposite gender. If there is a reason for more divorce amongst couples who have girls it seems likely that it is a combination of reasons depending on the particular family, as there seems to be no single reason that is likely to have such an impact in a significant number of cases.

Every allegations do not justify initiation of prosecution under 340 CRPC


+ W.P.(CRL) 286/2007

RAJKUMAR INDORIA ….. Petitioner Through Ms. Anu Mehta, Advocate.
 NCT OF DELHI NEW DELHI ….. Respondent Through Nemo.



% 18.08.2010

CRL.M.A. No. 13869/2010

1. The writ petition filed by the petitioner for police protection to him and his family members was disposed of on 9th August, 2010. It was noticed that the petitioner was initially granted police protection in the year 2005 but police protection/PSO was subsequently withdrawn after re-assessment of the threat perception in the year 2007. The order dated 9th August, 2010 notices the fact that the threat perception of the petitioner and his family was examined by Special Cell, Delhi Police, Ministry of Home Affairs and then again by DCP (Special Cell). It was also noticed that there are some FIRs, which are registered against the petitioner.
2. Now the petitioner has filed the present application under Section 340 of the Code of Criminal Procedure, 1973 stating, inter alia, that wrong and false averments have been made in the status report which amount to perjury. Learned counsel appearing for the applicant submits that FIR No. 580/2005, Police Station NDLS, Delhi was registered on the complaint of the petitioner against Mr. Ramchander Khaganwal under Section 325 and not under Section 323 of the IPC. It is further stated that the licence of Mr. Ramchander Khaganwal was cancelled in 2007 by the Northern Railway. She has relied upon In re R. Karuppan 2001 CriLJ 266.
3. These two allegations do not justify initiation of prosecution. In the order dated 9th August, 2010 several aspects and facts have been taken into consideration. The dispute between the petitioner and Mr. Ramchander Khaganwal is noticed and that there are cross FIRs. It is not expedient in the interest of justice to enquire into the alleged offence as has been observed in Pritish vs State of Maharashtra (2002) 1 SCC 253. The relevant paragraph reads:
“16. Be it noted that the court at the stage envisaged in Section 340 of the Code is not deciding the guilt or innocence of the party against whom proceedings are to be taken before the Magistrate. At that stage the court only considers whether it is expedient in the interest of justice that an inquiry should be made into any offence affecting administration of justice. In M.S. Sheriff v. State of Madras1 a Constitution Bench of this Court cautioned that no expression on the guilt or innocence of the persons should be made by the court while passing an order under Section 340 of the Code. An exercise of the court at that stage is not for finding whether any offence was committed or who committed the same. The scope is confined to see whether the court could then decide on the materials available that the matter requires inquiry by a criminal court and that it is expedient in the interest of justice to have it inquired into.”
4. Further, the expediency should be judged by taking into
consideration the impact that commission of such offence has on the
administration of justice. The Supreme Court has held in Iqbal Sigh
Marwah v. Meenakkshi Marwah (2005) 4 SCC 370:
“23. In view of the language used in Section 340 CrPC the court is not bound to make a complaint regarding commission of an offence referred to in Section 195(1)(b), as the section is conditioned by the words “court is of opinion that it is expedient in the interests of justice”. This shows that such a course will be adopted only if the interest of justice requires and not in every case. Before filing of the complaint, the court may hold a preliminary enquiry and record a finding to the effect that it is expedient in the interests of justice that enquiry should be made into any of the offences referred to in Section 195(1)(b). This expediency will normally be judged by the court by weighing not the magnitude of injury suffered by the person affected by such forgery or forged document, but having regard to the effect or impact, such commission of offence has upon administration of justice. It is possible that such forged document or forgery may cause a very serious or substantial injury to a person in the sense that it may deprive him of a very valuable property or status or the like, but such document may be just a piece of evidence produced or given in evidence in court, where voluminous evidence may have been adduced and the effect of such piece of evidence on the broad concept of administration of justice may be minimal. In such circumstances, the court may not consider it expedient in the interest of justice to make a complaint. .”
5. The aforesaid submissions do not justify further proceedings under Section 340 of the Code of Criminal Procedure, 1973. The application is dismissed.


AUGUST 18, 2010

Kerala women''s panel for raising marriage age limit

Oct 15, 2010

Thiruvananthapuram, Oct 15  Kerala State Women''s Commission is expected to place before the National Women''s Commission a proposal for raising the minimum age limit of marriage for both men and women, considering the growing divorce cases among youngsters. The proposal is for enhancing the minimum age limit of marriage for women from 18 to 25 and that of men from 21 to 28 or more, KSWC Chairperson Justice D Sreedevi told PTI. However, women''s outfits, including the pro-Left forums, responded cautiously to the move maintaining that a decision on such a delicate issue should be taken only after examining all aspects in detail.

The increasing rate of divorces and split-ups among youngsters was the single-most factor that prompted the Commission to moot the idea, though a definite conclusion would be drawn up only after a threadbare debate on it, Justice Sreedevi said. "The idea was first mooted by the National Women''s Commission, which has sought our suggestion on this.

Though the KSWC favoured the idea of increasing the age limit for marriages, we have not taken a final decision." "To work out our stand, we are planning to conduct a meeting of various government agencies, women outfits, NGOs and leaders here on October 28.

National Women''s Commission Chairperson Girija Vyas and other members will also be coming," Justice Sreedevi said. Despite its image as a "progressive state", majority of girls in Kerala were married very early when they are not matured enough to take decisions on their life, she said.

"At the age of 18, many girls are not capable to take rational decisions. They will not get even a degree at that stage.
But, parents are keen to have their children married off early as they want to fulfil their duty. This is especially so in the case of girls," she said.
If the minimum age for marriages was increased, youngsters would get enough time to complete their studies, secure jobs and become self-reliant, she added.

Do you think giving dowry should also be punished?

On Sunday the 2nd November 2008, the news media channel 7 in its program “Zindagi Live” highlighted the issue of dowry deaths with the background demand of increasing the limit of seven years for presumption of dowry death to lifetime.

Save Indian Family Foundation severely and strongly condemns the show as it spreads poison in the society by creating false alarm of the deplorable state of women. And that too by showcasing the case of a Legal Terrorist called Nisha Sharma who did not hesitate in putting her wannabe husbands and in–laws in jail under a false dowry case just to elope with her boyfriend.

Showcasing such women of such loose morale as epitomes of women’s troubles can be becoming of radical feminists organizations operating their shop of selling women’s rights but not of responsible media channels like Media 7 who had earlier participated with Save Family Foundation, Delhi in creating awareness against Legal Terrorism where women – centric laws are used to encash a bad marriage.

When Nisha Sharma has openly admitted to giving dowry which is a crime as per Dowry Prohibition Act, 1961, why is she roaming freely? Why is NCW supporting dowry givers when it says it wants to eradicate dowry system from India? Why is it not emphasizing the role of Dowry Prohibition Officers to investigate dowry exchanges during marriage itself?

Why is it not stopping extravagant marriages? 15,000 unmarried women are committing suicide before marriage why are their parents not held guilty? Why is every death of married women converted to dowry death be it due to any reason like accident, illness, chronic medication, suicide due to self – guilty feelings? Why is the media silent on these issues?


USAID and UNIFEM support laws that violate Civil Liberties in India.

USAID, UNIFEM and Amnesty International have come out in support of laws in India that violate Civil Liberties of Men, Women and Children in India.

The Indian Domestic Violence Law Section 498a of Indian Penal Code(IPC), presumes the accused men and women to be guilty till proven innocent and the police can arrest and jail the accused without any warrant. In last 5 years, more than 160,000 women and 550,000 men were arrested or jailed in India under this law without trial of investigation. (News here)

Amnesty International in this article justifes section 498a and says:
All laws are capable of and subject to abuse and misuse – including Section 498A. The solution does not lie in dismissing the law or taking away its teeth completely by making it compoundable and bailable. This is akin to throwing away the baby with the bathwater.
So, Amnesty International does no care if the teeth in the law bite innocent men, women or children. So, it would like to ignore Civil Liberties violation if the law is for women's empowerment.

"Save Indian Family(SIF)" members had a detailed meeting with UNIFEM officials and yet UNIFEM carries on with its agenda in India ignoring Civil Liberties Violations.

The picture below show the domestic violence rates of Indian women across states, who completed 10 years of education, uneducated Indian women and American women. This survey is not done by "Save Indian Family(SIF)", but done by US Bureau of Justice and USAID, United Nations only.

This picture clearly shows that India women who have completed schooling have much less chance of facing domestic violence compared to even American Women. However, 45% of uneducated women faced domestic violence at least once in life time. However, the programs by USAID and UNIFEM do not target uneducated women, who are almost always refused support by police, as police can not collect bribes from poor women. So, as the violence against these uneducated masses of women does not decrease, the jealous ideologues in advocacy groups use that as an excuse to demand more draconian laws, which give enoromous power of arbitrary arrests in the hands of police.

The foreign donors often do not care about the negative consequences of their short sighted thinking. It has been found that thousands of innocent women and even children are thrown inside jails due to these draconian domestic violence laws.

Dowry Act - A weapon of harassment

Crucial amendments should be brought to IPC Section 498A to prevent misuse of law

Uma Challa

President, All India Forgotten Women’s Association

It is an established fact that IPC Section 498A is the most heavily misused law in the country. Several authorities have noted that in close to 98 per cent of cases filed under IPC 498A, the accusations are false and that the complaints were only filed with ulterior motives. It is predominantly a tool of blackmail and extortion in the hands of vindictive wives to legally harass husbands and their families.

Women who suppress vital personal information before marriage, women who are forced into marriages due to family pressures, women who have pre-marital or extra-marital relationships, women who are unable to adjust with the husband’s family, women who dislike living with in-laws are getting into the habit of exaggerating every marital discord as ‘harassment and abuse’, threatening the husband and his family, getting them arrested and imprisoned under false allegations of cruelty and dowry harassment, making them run around courts for years, and subjecting them to various hardships by misusing IPC Section 498A.

Several authorities have noted the widespread misuse of this law.

• The Supreme Court of India termed the misuse of IPC Section 498A as “Legal Terrorism”.

• The World Health Organisation, in its report on India clearly cited Section 498A as one of the major reasons for the “Increasing Abuse of the Elderly in India”.

• News agencies have also reported many cases where individuals have ended their lives unable to endure the humiliation of being arrested and the trauma of fighting false cases, which typically span 5-7 years.

• The National Human Rights Commission noted that the Tihar jail is overflowing with people falsely accused under dowry cases.

Noted women’s rights activist Madhu Kishwar acknowledged that IPC Section 498A is heavily misused and that a significant proportion of individuals who approach “Manushi” these days are mothers-in-law and husbands who are falsely accused of marital cruelty and dowry harassment. Renowned IPS officer Kiran Bedi admitted that many poor and illiterate mothers-in-law and sisters-in-law, who are falsely charged under anti-dowry laws languish in prison every year.

A look at the National Crime Records data shows that every year, over 1 lakh innocent persons (one innocent person every 5 minutes) are arrested under the act. Every year, close to 30,000 innocent women (one innocent woman every 20 minutes) and 4,000 innocent senior citizens (one innocent elderly person every 2.5 hours) are arrested. Every year close to 350 children (one child per day) are arrested under the same act. Numerous families have been broken and are suffering immeasurable economic hardship and emotional trauma. In addition to penalising innocent citizens, a large backlog of false cases pending in courts prevents genuine victims of abuse from obtaining justice. The country has already incurred a huge social cost in addition to the enormous burden imposed on the public exchequer. There is a need to make legal amendments:

1. Ban Police involvement in marital counseling and pass directives to resolve all marital disputes under civil law. Marriage is a civil matter and should be treated as such. Marital issues should be dealt with utmost caution so that harmony is restored between disputing spouses.

2. Make civil and criminal laws applicable to men and women equally. Spousal abuse is not gender-specific, and the assumption that victims of physical, verbal, emotional, sexual, and financial abuse are always women is wrong. According the Universal Declaration of Human Rights, “all are equal before the law, and are entitled without any discrimination to equal protection of the law”. Hence, IPC Section 498A should confer equal protection upon men and women.

3. Make Section 498A of IPC bailable. This goes against the Universal Declaration of Human Rights which states that “everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law”.

4. Make Section 498A of IPC non-cognizable. Innocent citizens are being arrested everyday based on mere complaints without requiring evidence or investigation. Even children and senior citizens are not being spared. IPC Section 498A, being a cognizable offence, violates a citizen’s right to due process.

5. Punish those who misuse IPC Section 498A. Misuse of the process of law not only costs the public exchequer dearly but also destroys the personal lives of many innocent citizens. Abuse of the judicial process should be treated as a serious crime, and persons who misuse IPC Section 498A as a weapon for settling personal scores in marital disputes should be severely punished.

DOWRY LAW SEC 498 (A) How and why the law is an ass?

April 25, 2010

2,23,167 husbands committed suicide in 5 years
 Loopholes in An act, originally legislated to safeguard women's rights, are being misused by disgruntled wives to put husbands and in-laws in misery,

Amit Budhiraj, a techie from Bangalore, killed his wife Rinku Sachdeva and then hanged himself. Amit was a software engineer with Infosys Technologies for the last nine years. He had married Rinku Sachdeva who was working in a Mumbai-based multinational bank. Soon after the marriage, Amit came to know about her affair with a colleague of hers. When Amit protested, Rinku threatened him of sending him to jail under Dowry Act 498A. Amit searched over the Internet and came to know about the draconian provisions of the Act. It was amply clear that not only him but also his aged parents would have to spend the rest of their lives behind the bars. Amit decided to kill his wife and himself to save his parents the embarrassment of court proceedings.

A nine-page suicide note was found on the bed in the couple’s house. Amit had described his mental condition in detail. R. P .Chug, an advocate who counsels husbands who are wrongly victimised by this law, tells TSI, “I argue a lot of cases related to Dowry Act 498A. Every month I come to know of one person committing suicide after having been falsely implicated. If misuse of the law is not stopped, the number of such cases will surely rise.” Chug is no male chauvinist and has a long history of fighting for women’s rights and has worked with many women’s rights groups. As per records of National Crime Records Bureau (NCRB), 1,87,540 people were arrested under 498A in 2007. Out of these, only 13,247 were found guilty. The data shows that 94 per cent were found to be innocent. NCRB data also points towards a trend of increasing number of suicides in married males in the last decade. Every 19 minutes, a person is murdered whereas every 10 minutes, a husband commits suicide. Between 2005 and 2008, 2,23,167 married males committed suicide. This is double the number of wives committing suicide in the same time period.

An Act, originally meant to empower women, has become a curse for many women too. This view is echoed by Neena Dhulia, chairperson of All India Mother-In-Law Protection Forum, who says, “Due to the loss of social reputation, the entire family suffers. It becomes difficult for them to get their son or daughter married. This leaves a psychological scar on the family. Many close friends and relatives, who see their sufferings from close quarters, do not marry at all. They prefer remaining single for their whole lives. If the trend persists, it will immensely damage the social fabric of the country.” President Pratibha Devi Singh Patil famously said about this Act, “Instances exist whereby protective legal provisions for the benefit of women have been subjected to distortion and misuse to wreak petty vengeance and to settle scores. It is unfortunate if laws meant to protect women get abused as instruments of oppression.” The Supreme Court bench of justices Arijit Pasayat and H.K. Sema had termed this misuse as “legal terrorism”. The Apex Court said, “The role of the investigating agencies and courts is that of a watchdog and not of a bloodhound. It should be their effort to see that an innocent person is not made to suffer on account of unfounded, baseless and malicious allegations.”

The case of Shoaib Malik and Ayesha Siddiqui has hogged much limelight in newspapers and on news channels. When Ayesha lodged the complaint against Shoaib under 498A, Shoaib accepted all of her demands and agreed to a divorce. It has also been reported that Shoaib allegedly paid Rs 15 crore as compensation to Ayesha Siddiqui to reach the settlement. However, this does not mean that exploitation and abuse of women for dowry has stopped. The reality is that most women who fall prey to demands of dowry do not dare to go to court. Most of those who go to court misuse the Act. Dr Anupama, chairperson of Mothers and Sisters Initiative (MASI, an organisation of mothers-in-law and sisters-in-law), tells TSI, “It is the police and the advocates who are more responsible for the misuse of the Act. Section 498A has become a big source of income for advocates, judges and the police. Police and advocates instigate wives to lodge complaints. Once a complaint is lodged, the husband’s family completely comes in the grip of police and advocates and they take undue advantage. Recently we conducted a survey in the courts of Delhi in which we found that one-third of the cases of bail everyday are related to 498A.”

Husbands, mothers-in-law and sisters-in-law, who have been wronged, have formed several organisations to fight the injustice meted out to them. Husbands have even started celebrating December 19 as Husband’s Day. They meet at specific places in their respective cities to share their stories of grief and harasment. As per NCRB statistics, more than 40 per cent of cases lodged against women are related to 498A.

Even legal experts are of the view that laws framed in India for the benefit of women are so impractical and biased that their misuse becomes a certainty. Sandeep Bhartia of the Gender Human Rights Society says, “The committees which frame such laws face tremendous pressure from feminist lobbies.” Founder member of Save India Family Foundation, Gurdarshan Singh, says, “Only one provision should be added to 498A that if a girl is found guilty of lodging a false case she will be punished. This will act as a deterrent against misuse.”

Kiran Kukreja, MASI spokesperson, goes further, “These feminist organisations and the National Commission for Women are responsible for breaking homes. For them, only the daughter-in-law is the woman. Mothers-in-law and sisters-in-law are not women in their eyes.” Broken homes affect children more than adults. However, supporters of Section 498 A don’t seem to care for the tiny ones.

In the last five years, 3,36,842 cases have been registered under the Dowry Act. This means an equivalent number of families have been broken. An entire generation of children will grow up without the love of their parents. A US study done on children has startling revelations. Children who come from broken homes have a 32 times more chance of leaving home, 20 times more tendency of going to jail, 20 times more chance of behavioral disorder. They are 14 times more likely to commit rape, nine times more likely to drop out of school and five times more likely to end their lives. The number of such children in India runs in lakhs and is only slated to increase. Now, this presents a scary future. 
What the law says

Monetary compensation for emotional and physical trouble will eventually lead to opening of a floodgate of false charges

Passed by the Indian Parliament in 1983, Indian Penal Code 498A, is a criminal law (not a civil law) which is defined as follows: “Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine. The offence is cognisable, non-compoundable and non-bailable.”

If a woman lodges a complaint of dowry harassment in the nearby police station, the husband, his old parents, his sisters and other relatives would be immediately arrested and put behind bars on a non-bailable term without any investigation. Even if you are not guilty, you will be presumed as guilty until you are proved innocent. This section of Indian Penal Code is non-compoundable (complaint can not be withdrawn) and non-bailable.

Mahesh Tiwary, advocate in Supreme Court, explains the legalities involved, “Under section 497of IPC, cases of adultery cannot be filed against a wife and thus she cannot be prosecuted.” As it stands, this Section makes only men punishable for having sexual relations with wives of other men without the consent of their husbands. Women cannot be punished even as abettors.

What is more shocking is even if after a prolonged legal battle, the husband’s family comes clean, the court does not punish women for filing false cases. Under Section 12 of IPC of Protection of Women from Domestic Violence Act,2005, husband or in-laws can be asked to evict the house if wife feels threatened. Mahesh Tiwary says, “This means that practical ownership of every house rests with wives. Once she decides that her husband should not stay with her, he will have to leave at any cost.”

Panduran Kutty is one of the lucky persons who was acquitted by the court. He says, “When I see hapless husbands being humiliated and trampled in the courts and in the police stations, I feel it is a crime to be a husband in this country.” So far he has counselled more than 1000 persons suffering from the same trauma. He says, “Do not expect this system to be logical and reasonable. If you think you have tons of evidences and the judge will hear you, you are imagining things.”

A senior advocate, on the condition of anonymity, tells TSI, “These laws were made to protect real women facing ill-treatment and torture. But this has become a tool for extortion for upwardly mobile women, specially in the elite class. Average settlement of Rs 50-60 lakh is commonplace. And nobody is spared. I have cases of IAS, IPS officers, corporate managers and executives, commissioners. These laws were made for protection of Sitas but being potently misused by Surpnakhas.”

Sandeep Bhartiya, President of Gender Human Rights Society, has another take on the law, “Seventy-first Law Commission Report 1978 strongly recommended that irretrievable breakdown of marriage should be made a ground for divorce. Supreme Court reiterated the need for inclusion of irretrievable breakdown of marriage as a ground for divorce.” Mahesh Tiwary says, “There has been an alarming rise in the number of divorce cases being filed in the courts these days.”

The present law proposal of Sexual Harassment at Workplace Act, 2005, talks of paying monetary compensation for emotional, mental trouble caused due to sexual harassment at office or workplace. What is more alarming is that the draft law does not put any time limit for filing the case.

Monetary compensation for emotional trouble will lead to a floodgate of false complaints opening just like we see in case of matrimonial disputes.

“My brother tried to prove his innocence through his death”

After the death of our father, the whole family’s responsibility came upon my brother Pushkar’s shoulders. He was a government employee in Lucknow. He was falsely implicated by his wife under the Dowry Act. After the complaint was lodged, Pushkar was locked up for 15 days but was released on bail. However, his wife's family threatened those who gave the bail. They withdrew the bail and he was sent to jail for four months. He kept fighting for three years but in vain. Ultimately, he committed suicide by hanging himself. His suicide note read, “My wife has wrongly implicated me in a dowry case...I had to sell my house as the financial situation of my family worsened. My in-laws are responsible for my death.” Rani added that her brother was innocent and was twice put behind bars. She also said that no one heard Pushkar’s plea.

My mother is ill and my younger brother handicapped and unemployed. I have two sisters who are married. So, there is no one to take care of my mother. In fact, we live in a rented house and running a household has become next to impossible for us.

(Rani is Pushkar Singh Patwal's sister and lives in Lucknow. The photograph is of her mother.)
“Being a husband is a crime”

My mother has a kidney problem and my sister is mentally challenged. After my marriage, instead of taking care of them, my wife started treating them very badly. One day, I was shocked to find a love letter written by my wife to her lover. When I spoke to her about it, my wife became furious and left our Mumbai home. She came back after a year but her behaviour towards my mother and sister did not change. After a few days, she suddenly demanded divorce from me and considering the scenario, I agreed. We filed a writ for divorce but after 18 months, she backtracked and accused me of fraud.

I knew she might file a false case under Section 498A. I wrote a letter to the Human Rights Commission and Mumbai Police Commissioner regarding my case. However, my apprehensions proved right when she actually filed a case and police arrested me and my father on November 24, 2009. We were put behind the bars for three days. If this was not enough, another case was filed against me under Domestic Violence Act. Since my father remained in jail for more than 24 hours, he was suspended from his job. My mother is ill and needs injections at regular intervals. Each injection costs around Rs 2,000, it has become impossible for us to sustain.

(Narain Mishra lives in Mumbai.)

“Can a case be filed thrice?”

My family was completely ruined by my daughter-in-law. My son, an engineer, is wandering here and there like a mad man. I am living with my 70-year-old husband in a dharmshala. My daughter-in-law has confiscated our house. She and my son moved out of our house after three years of marriage but she continued harassing him. Moreover, she filed a case under Section 498A thrice against us. However, we came out clean twice after police investigation but we were not so lucky the third time. My son was arrested and my daughter-in-law ousted us from our house. My husband was admitted to the hospital for many days. She has been ordered to vacate the house by the Deputy Inspector General but she has not followed the order yet. We are still living in a dharmshala.

My house is situated on Talkatora road in Lucknow and is worth crores. The Supreme Court order says that my daughter-in-law is not entitled to this house but the police is not helping us. How much injustice we have suffered is difficult to describe. I don't know about the Dowry Act but want to ask a simple question: Can this case be filed thrice on a person if he is twice found innocent?

(Asha Rani Agrawal lives in Lucknow.)
“My daughter-in-law took away our old-age support”

She has already lost her earnings during the court hearings but is still waiting for justice. Wrinkles of sorrow can be easily traced on her face and her eyes always brim with tears. We met Swarnlata at the BJP office where she had come to seek help from its women's cell national president. Swarnlata was a middle school teacher in Sangrur district, Punjab. She has one son. After she got him married, her daughter-in-law lodged a complaint of harassment for dowry against her family. Frustrated by the turn of events, her son left home. In a letter to her, he stated, "I am disappointed and fed up with my life. Either I will commit suicide or will become a saint. I will never return home." The hapless mother is still waiting for her son to return. Swarnlata says, "My daughter-in-law repeatedly kept demanding money. When her father went to jail for a scam in a cooperative society, we paid for his bail too. She also took away all my gold. I have nobody in this world. My only desire is to see my granddaughter once."